Florida Gov. Rick Scott greets President Barack Obama at the Orlando International Airport

Joe Raedle/Getty Images

Gov. Rick Scott Tuesday continued to push for more federal funding to combat the spread of the Zika virus. But the governor has a bad track record in prying dollars from Washington. That's the word from PolitiFact Florida, which says he's only gotten half of his requests for declarations of "major disasters." WUSF's Steve Newborn talks about that with PolitiFact's Josh Gillin.

"It is incredibly disappointing that the Obama Administration denied our request for an Emergency Declaration," Scott said in a June 20 press release. "Last week, a terrorist killed 49 people, and wounded many others, which was the deadliest shooting in U.S. history. It is unthinkable that President Obama does not define this as an emergency."

According to FEMA records, Scott has only made one other emergency declaration request, after severe storms affected some Panhandle counties between Feb. 15-24, 2016. The request was denied in part because FEMA typically limits responses to single storm systems, or storms within 72 hours of each other.

One type of declaration is for major disasters. This relief is focused on recovery support for events that state and local governments can’t handle on their own. That includes rebuilding roads and bridges, or helping people find temporary housing.

Also, Sen. Marco Rubio said after the Orlando shootings that radicals are using America's tradition of free speech against us.

"In America, radical speech is not a crime," Rubio told radio show host Hugh Hewitt. "And that’s one of the challenges we face. You can stand all day long and call for all kinds of jihad. It’s only when you actually moved toward plotting and acting on it that you become actionable and arrestable. These guys know that, and they use it against us."

Multiple legal experts told us that Rubio’s point is generally correct because speech is protected by the First Amendment, which states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Courts have decided that certain speech is not protected by the First Amendment such as "fighting words" (speech that would likely draw someone into a fight.) But radical speech is not included in that list.

"The First Amendment protects radical speech," said University of Chicago Law professor Geoffrey Stone who has written about the dangers of compromising First Amendment freedoms.

Experts said that Rubio omitted one key exception which stems from the 1969 U.S. Supreme Court case Brandenburg vs. Ohio involving a member of the Ku Klux Klan,

The U.S. Supreme Court found that all speech is protected "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

So that means Americans have a right to advocate lawlessness -- such as overthrowing the federal government -- as long as they avoid inciting imminent illegal action as narrowly defined by Brandenburg.

Related Content

Did Florida lawmakers really cut property taxes by more than $400 million dollars? And why is presidential campaigner John Kasich complaining about free media coverage by one of his opponents? WUSF's Steve Newborn tackles these claims with Josh Gillin of PolitiFact Florida.

Are nearly half of all African-American high school graduates unable to land a job? And just how neutral is Donald Trump in the conflict between Israel and the Palestinians? WUSF's Steve Newborn takes a closer look at these issues with Josh Gillin of PolitiFact Florida.

Expanding gambling throughout Florida seems to be a lost bet this year in Tallahassee. But does the state really get six times the money that people lose gambling? And was Mitt Romney's recent attacks on Donald Trump in keeping what he said during the last presidential campaign? WUSF's Steve Newborn gets the facts with Josh Gillin of PolitiFact Florida.

The proposed expansion of the gambling compact with the Seminole Tribe looks like it's dead this year in Tallahassee. It would have expanded the use of slot machines at various race tracks around the state.